Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower and its Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and Agent, in each case without notice to or consent of the BanksLenders. The Banks Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such an Affiliate) and acknowledge that the Administrative Agent Bank of America and its Affiliates shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Loan Parties and its Affiliates as though Bank of America were was not the Administrative Agent hereunder and without notice to or consent of the Banksany Lender. The Banks acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its LoansLoans (if any), Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were Bank of America was not the Administrative Agent, and the terms “BankLender” and “BanksLenders” include Bank of America and its Affiliates, to the extent applicable, in its their individual capacitycapacities.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in in, and generally engage in any kind of banking, trust, financial advisory, underwriting underwriting, or other business with any Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the BanksLenders. The Banks acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such AffiliateSubsidiary) and acknowledge that the Administrative Agent Bank of America or such Affiliates shall be under no obligation to provide such information to themit. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “BankLender” and “BanksLenders” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower and its Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in in, and generally engage in any kind of banking, trust, financial advisory, underwriting underwriting, or other business with any Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the BanksLenders. The Banks acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such AffiliateSubsidiary) and acknowledge that the Administrative Agent Bank of America or such Affiliates shall be under no obligation to provide such information to themit. With respect to its LoansTerm Loan, Bank of America shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “BankLender” and “BanksLenders” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder hereunder, and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates Subsidiaries (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such AffiliateSubsidiary) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them. With respect to its LoansLoan, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, Agent and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, its Affiliates in its their individual capacitycapacities.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its LoansLoan, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of ___________________________________________ America and its Affiliates may make loans to, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower and its Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “"Bank” " and “"Banks” " include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Borrowers and its their Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the BanksLenders. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its the Borrowers, their Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of any Borrower the Borrowers or such AffiliateSubsidiary) and acknowledge that the Administrative Agent and Bank of America shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “Bank” "Lender" and “Banks” "Lenders" include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such AffiliateAffiliates) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “Bank” and “Banks” shall include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the BanksLenders. The Banks Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Loan Parties and its Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banksany Lender. The Banks acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loanstheir Loans (if any), Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it Bank of America were not the Administrative Agent, and the terms “BankLender” and “BanksLenders” include Bank of America and its Affiliates, to the extent applicable, in its their individual capacitycapacities.

Administrative Agent in Individual Capacity. The Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Borrowers and its their Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the BanksLenders. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower or its the Borrowers, their Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of any Borrower the Borrowers or such AffiliateSubsidiary) and acknowledge that the Administrative Agent and Bank of America shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent, and the terms “Bank” "Lender" and “Banks” "Lenders" include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent Agent, the Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any the Borrower and its Affiliates as though Bank of America were not the Administrative Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any the Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent Agent, an Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding any Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower the Company or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.